Legal Question in Real Estate Law in Georgia

We bought two acres almost three years ago that included an easement. We know that we cannot landlock the people that lived behind us. They had discussed moving their drive when we were looking at the property but couldn't afford it, so we told them we had no problem with that. The house is owned by one father, who allowed his son and wife to take over payments. They were living there when we bought our land and put a house on it. Now this couple has separated and just filed for divorce. They have both moved out and this father allowed HIS son and wife to move in. Now they, after only a month, have already moved out due to the bills that were left that they just couldn't afford to pay. I.e., electric bills, et... I believe the electric had remained in the original owners name all this time.

Our question is this: The easement on our property was for the original owner, the one who allowed his son and grandson to live there. Now they have all moved out. If this home is abandoned, foreclosed on, or sold... can we legally take our easement back. It is a gravel drive. They own the top part of drive, we own all the rest. We would like to have our full two acres which would make it easier for us to sell in the future. The original owners other son owns the property on the other side of this easement and the rest of our land, but his house burned and I think they've lost that property. A new driveway could easily be made from their land over to the other side of our property, instead of cutting right down our property. If that makes sense. They wouldn't be totally landlocked, they would just be moving their drive.

If abandoned, foreclosed on, et.... can we legally block that drive since it is on our property and tell whoever buys the property they will need to make their own driveway? What should we do to check into this possibility?


Asked on 9/21/10, 10:23 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I'd have to read the easement to answer you so you need to see a lawyer.

Most easements run with the land, meaning that the new owners also would have an easement and you can't "take it back." But to know for sure, a lawyer needs to read it.

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Answered on 9/26/10, 10:58 am


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